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AAP
AAP
National
Tara Cosoleto

Father admits gunning down man but says it's not murder

Luke James Picking did not mean to pull the trigger when a man was shot dead, his lawyers argue. (Joel Carrett/AAP PHOTOS)

A father has admitted he gunned down another man in a suburban street but says it was a clumsy accident.

Lawyers for Luke James Picking told a Victorian Supreme Court jury the 42-year-old did kill Abdurhman Jemal, 33, in March 2024.

But they denied he committed murder, arguing Picking did not mean to pull the trigger and he should instead be found guilty of manslaughter.

"What happened here was a warning that went wrong," Picking's barrister Peter Morrissey SC told the jury on Wednesday. 

Brodi Picking
Brodi Picking had accused the shooting victim of stealing his wallet. (Joel Carrett/AAP PHOTOS)

Prosecutors allege Picking and his son Brodi, 19, ambushed Mr Jemal outside a Glenroy shopping strip in Melbourne's north about 4.30am on March 29.

Brodi, who is also on trial for murder, knew Mr Jemal but the pair had a falling out in early March after Brodi accused the 33-year-old of stealing his wallet

The two men had an argument in a Bunnings car park on March 28, with Brodi allegedly telling a friend he was "going to f***ing kill the c***", the jury was told.

Prosecutors allege in the hour before the shooting, Brodi and Luke Picking drove past locations connected to Mr Jemal, including his mother's home.

It's alleged they located Mr Jemal driving a red Hyundai in Glenroy and followed the 33-year-old until he pulled over and confronted them.

CCTV footage played to the jury showed yelling between the two groups before Mr Jemal was shot in the face. 

Prosecutors allege Luke Picking said "you want a f***ing air raid" to Mr Jemal before firing the bullet and speeding off. 

Mr Jemal stumbled back to his car and managed to press down on the horn before he collapsed.

He died after suffering multiple shotgun pellets to the face and neck. 

Mr Morrissey told the jury Luke Picking was responsible for Mr Jemal's death and had already offered a plea to manslaughter, which prosecutors rejected.

The barrister argued Picking had only intended to threaten Mr Jemal and it went wrong.

The homicide scene (file)
Abdurhman Jemal stumbled to his car, pressed down on the horn, collapsed and died. (James Ross/AAP PHOTOS)

"He did mean to present the gun ... but he didn't mean to pull the trigger," Mr Morrissey told the jury. 

Mr Morrissey said there would be evidence from a neurologist, who had identified issues with Picking's hands that caused him to be clumsy.

Brodi Picking's barrister Rishi Nathwani KC conceded his client was in the car when Luke fired the fatal shot. 

But he told the jury Brodi did not know there was a loaded gun in the vehicle and he never made an agreement with his father to murder Mr Jemal.

"He did not positively assist or encourage his dad to do so," Mr Nathwani said.

It was also disputed that Brodi was still upset about the stolen wallet at the time of the shooting, the barrister said.

Prosecutors allege after the killing, Luke Picking contacted his friend Ian Harris, 49, to dispose of the gun.

Harris' barrister Rahmin de Kretser accepted his client did take possession of the firearm but argued Harris did not know it had been used to kill someone.

Mr de Kretser told the jury they should have great doubts his client was guilty of assisting an alleged murderer.

The trial before Justice Jane Dixon continues.

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